LOCAL IT EMPLOYER VICTORIOUS AT EMPLOYMENT TRIBUNAL

Norwich employer MASS Computers Ltd were today celebrating the successful conclusion of a complex Employment Tribunal case brought against it by a former employee, Mr Paul Dennis.

Mr Dennis claimed constructive dismissal, breach of contract, unpaid wages and a breach of the flexible working regulations. After a two day hearing, followed by a third day to deal with the issue of costs, the Tribunal unanimously dismissed all of Mr Dennis’ claims. Judge Ash held that he found Mr Lake, managing director of the Respondent, to be a “honest, accurate, considered and compassionate man” and that Mr Dennis had behaved “in an increasingly unreasonable way towards his employer”.

The Tribunal also held that “there was overwhelming evidence that the Claimant, and possibly his wife, were contemplating some form of insurance fraud using MASS’ registered office address, phone number and VAT number” and that Mr Dennis resigned “quite simply because he was found out” and not because of any “breach of contract by the employer – indeed in this case we can not find any breaches of contract by the employer”. Judge Ash had concluded his judgment by stating that “this is a case that should not have been brought”.

As well as dismissing each of Mr Dennis’ claims, the Tribunal today ordered Mr Dennis to pay £10,000 towards MASS’ legal costs (the maximum sum the Tribunal are empowered to order) on the basis that he acted vexatiously, unreasonably and that the claim had no reasonable prospects of success.

Dan Chapman, Partner and Head of the Employment Team at Norwich firm Leathes Prior, conducted the advocacy throughout the Tribunal proceedings. Mr Chapman remarked that “this was a highly unusual case, in that the first day of the hearing took place in September 2007 and we only concluded matters today. For that very reason, and in view of the serious nature of the allegations made by the claimant, it is hugely satisfying to achieve such a just outcome for our client, who as the Tribunal recognised, are a fantastic employer who did nothing whatsoever to warrant finding themselves in this horrid position.”

Mike Lake, managing director of MASS and a witness in the proceedings, commented that, “Although I am stunned at the apparent ease in which a wholly unreasonable tribunal claim can be brought against an employer I consider it a stroke of good fortune that I was introduced to Dan Chapman of Leathes Prior. Dan’s expertise, experience and attention to detail not only conclusively won us the case but also completely exonerated our company of all blame. Dan then went on to ensure that our case became one of only a handful, per year, in the whole of the UK to be awarded maximum costs. This was all an extremely unpleasant experience however; Dan’s calming influence and confident approach always gave us hope in a system that seems so heavily stacked against an employer.”

If your business requires further advice on employment issues please contact Dan Chapman on 01603 610911.

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